Goods and services must be submitted in the French language.
|Trade Mark Registration and Recordals||Michelle Boyes|
|Trade Mark Renewals||Rita Henderson|
|Patent Registration and Recordals||Kary Day|
|Patent Annuities||Sara Lloyd|
Contentious Matters (Oppositions, Infringement Actions, etc.)
|Trade Marks||Martin Chinnery|
Trade Mark Information
|Can services be registered ?||Yes|
|Is the International Classification
|Can Convention priority be claimed||Yes|
|Documentation required to file||Power of Attorney, simply signed;
10 Prints of the Mark;
Certified priority document and translation thereof if not in English or French.
|Opposition period after publication||N/A|
|Renewal due||A new Burundi Intellectual Property law came into effect on 28 July 2009 which modernised the law, including the introduction of renewal to maintain rights in force. In the absence of implementing regulations, however, the Registry continued to treat applications in accordance with the provisions of the old law and issued certificates of registration without reference to a renewal term.
All trade marks registered since 28 July 2009 therefore require renewal, 10 years from their date of filing.
|Documents required to renew||N/A|
|Proof of use due||N/A|
|Documents required to file proof of use||N/A|
|Can be struck off for non-use||Non-use of the mark for a period of five years from registration renders it open to an action for cancellation by third parties.|
|Member of PCT||No|
|Can Convention priority be claimed||Yes|
|Deadline for filing priority document||3 months from filing date|
|Does the priority document have to be
|French translation of covering page required|
|Required Documents||- Specification, including claims and abstract, in French;
- Power of Attorney, simply signed;
- Priority document(s) with French translation of covering page;
- Priority Assignment(s) if applicant in Burundi differs, with French translation.
|Duration||20 years from the filing date|
|Annuities||A new Industrial Property Law has recently been enacted in Burundi, and the implementing regulations have also been promulgated. However, it is not yet clear whether annuities are payable in resepct of patent cases.|
Burundi - Renewal fees now payable in respect of all trade marks
The current Intellectual Property Law of Burundi was enacted on 28 July 2009. One of the most significant changes incorporated in the new law was a fixed duration for trade mark registrations, being 10 years from the filing date, which is renewable for like periods. Under the law in force prior to 28 July 2009, registrations remained in force indefinitely without requiring renewal.
2nd September 2014
Burundi - Renewal fees now payable
Further to previous articles posted on this website, it has finally been confirmed that renewal fees are now payable in Burundi in respect of all patent, design and trade mark cases filed on or after 28 July 2009. Until now, the official fees had not been promulgated such that renewal fees were not payable, but in a recent development, these fees have now been set.
11th December 2012
Burundi - Official fees promulgated
As previously reported, a new Industrial Property Law was enacted in Burundi following its signature by the President of Burundi and publication on 28 July 2009. However, neither the new official fees nor the implementing regulations were issued at that time. We have now been advised that the new official fees have finally been issued, resulting in a noticeable increase in the filing costs. However, the implementing regulations have still not been published and there is therefore still no provision or requirement to pay fees for the renewal of registrations granted under the old law.
14th November 2012
Burundi - Upodate - Renewal of rights
Further to our earlier article, it has now been confirmed by the Director of the Burundi Industrial Property Office that trade marks, patents and designs registered prior to 28 July 2009 will remain in force indefinitely in accordance with the provisions of the former law and will not require renewal. All rights registered after the new law was enacted will require the payment of renewal fees to remain in force. We are seeking further information regarding these requirements, and further information will be posted once known.
14th November 2012
Burundi - New Intellectual Property Law effective 28 July 2009
As previously announced, a new Burundi Intellectual Property law was enacted on 28 July 2009 which has provided much needed modernisation of the law. In the absence of implementing regulations, however, the Registry has continued to treat applications in accordance with the provisions of the old law and regulations.
31st August 2011
Burundi - New Intellectual Property Legislation
We wish to report that a new Industrial Property Law has recently been enacted in Burundi, following its signature by the President of Burundi and publication on 28 July 2009. However, the implementing legislation which is required in order for the new law to be promulgated remains outstanding. The Industrial Property Director of Burundi has therefore decided to continue to apply the former IP legal framework until such time as the implementing regulations have been finalized and put in place. Nevertheless, as the new law repeals all previous IP laws, we are of the opinion that the new law became fully effective upon its signature by the President on 28 July 2009. Furthermore we believe that, even though the Industrial Property Director is continuing to accept patent and trade mark applications under the terms of the old law, the provisions of the new law nevertheless apply thereto.
10th November 2009
Burundi - New Trade Marks Law
We have received and reviewed a draft of the new Burundi Trade Marks Law.
It is not clear at this stage what effect the new law will have on existing registrations, as there is at present no renewal due for Trade Marks in Burundi.
22nd December 2006